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Title: EMERGING JURISPRUDENCE ON THE RIGHT OF ACCESS TO INFORMATION IN INDIA: ROLE OF JUDICIARY
Authors: Dr. Lalit Dadwal
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Dr. Lalit Dadwal Associate Professor, Department of Laws, H. P. University, Shimla-5, India
MLA 8 Dadwal, Dr. Lalit. "EMERGING JURISPRUDENCE ON THE RIGHT OF ACCESS TO INFORMATION IN INDIA: ROLE OF JUDICIARY." Int. j. of Social Science and Economic Research, vol. 3, no. 6, June 2018, pp. 2651-2687, ijsser.org/more2018.php?id=181. Accessed 2018. APA Dadwal, D. (2018, June). EMERGING JURISPRUDENCE ON THE RIGHT OF ACCESS TO INFORMATION IN INDIA: ROLE OF JUDICIARY. Int. j. of Social Science and Economic Research, 3(6), 2651-2687. Chicago Dadwal, Dr. Lalit. "EMERGING JURISPRUDENCE ON THE RIGHT OF ACCESS TO INFORMATION IN INDIA: ROLE OF JUDICIARY." Int. j. of Social Science and Economic Research 3, no. 6 (June 2018), 2651-2687. Accessed , 2018.
References [1]. Charles John Hamson 'Law Reform and Law Making' 1953, p. 31. Quoted in Burrabazar Fire Works Dealers v. The Commissioner of Police, AIR 1998 Cal. 121 and Moulana Mufti Syed Md. Noorur v. State of West Bengal, AIR 1999 Cal. 15. [2]. R.S. Pathak, "Administration of Justice and Public Accountability", 15 Indian Bar Review 213 (1988). [3]. Anshu Jain,"Good Governance and Right to Information : A Perspective" Journal of the Indian Law Institute, vol54,2012,p.508 [4]. Secretary, Ministry of Information and Broadcasting, Govt. of India v. Cricket Association of Bengal (1995) 2 SCC 161, para 75 and 82. [5]. Reliance Petrochemicals Ltd. v. Proprietors Indian Express Newspapers Bombay Pvt. Ltd., AIR 1989 SC 190, para 35. [6]. Peoples Union for Civil Liberties & Anothers. v. Union of India, (2003). 4 SCC 399. Also see, Union of India v. Association for Democratic Reforms (2002) 5 SCC 294; State of U.P. v. Raj Narain and Others (1975) 4 SCC 428. [7]. J.P. Bansal, "Right to Know", Indian Socio Legal Journal, XXIII, 1997, p.97. [8]. Express Newspapers v. Union of India, AIR 1958 SC 578 at p.614. [9]. R.P. Ltd. v. Proprietors Indian Express Newspapers Ltd., AIR 1989 SC 190. [10]. Hamdard Dawakhana v. Union of India, AIR 1960 SC 554 at p.564. [11]. Indian Express v. Union of India, AIR 1986 SC 515-529. [12]. Union of India v. Association for Democratic Reforms, AIR 2002, SC 2112. [13]. AIR 1961 SC 493 at p.501, para 13. [14]. Quoted by J.P. Bansal in "Right to Know", Indian Socio Legal Journal, 1997, p.99. [15]. S.P. Gupta v. Union of India (Popularly known as Judges Transfer Case). AIR 1982 SC 149. [16]. World Commission on Environment and Development 1987, pp.63-64 (Brundtland Report). [17]. Bombay Environmental Action Group & Others v. Pune Cantonement Board. Writ Petition No. 2733 of 1986 decided on October 7, 1986. (This case has not been reported in any law reports). See, [18]. G. Singh (ed.), The Environmental Activists Handbook, 1993, p.435. [19]. Faizan Mustafa, Constitutional Issues in Freedom of Information, 2003, p.127. Also see, Rodney D Ryder, Right to Information, 2006, p.250. [20]. M.C. Pramodan, "Right to Know : the Jurisprudence and Practice", Cochin University Law Review, Vol. xx, No. 1-2, p.107. Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India, 1985 SCC 641. [21]. Prabha Dutt v. Union of India, AIR 1982 SC 6. [22]. K.K. Mathew, "The Nature and Scope of the Right to Know in Democratic Republic", Buxi, Upendra (Ed.), Democracy, Equality and Freedom, 1979. Also see, K.K. Mathew, op.cit., (1979), 3 SCC, (js), p.19. Daya Nand, "Right to Information : A Conjoint Consideration of Prabha Dutt, Sheela Barse and M. Hasan Cases", M.D.U. Law Journal, Vol. 4, 1998, p.128.
Abstract: It is needless to say that the judicial decisions, over the years, have shaped the Indian polity to a great extent. The role played by the judiciary has been pivotal in ensuring a process of fairness in governance and administration. Genesis of the right to information lies in the judicial pronouncements and interpretation of article 19(1) (a) and 21 of the Constitution of India. It is thus, more or less, a product of judicial creativity. Access to information right is not expressly conferred by the Constitution of India, but judiciary time and again vehemently supported the principles of transparency and irritability in all spheres of governance. Since 70's this right started receiving virtual expression in judicial verdicts and has been acknowledged, recognized and found implicit in freedom of speech and expression and right to life under the Constitution. The cumulative examination of a plethora of decisions referred in this article leave no manner of doubt that right to information is really a boon given by judiciary to the people of India. Judiciary can be said to be the backbone of the right to information in India. In this paper an activist goal oriented approach of the judiciary towards access to information has been discussed in detail. However, in the recent times even the judiciary has been embroiled in a controversy pertaining to the issues of disclosure. This is indicative of conflicts and contradictions coming to the fore after access law has actively been enforced. The author has not touched upon this aspect in present paper.

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